Akash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82360 of 2019 Arising Out of PS. Case No.-336 Year-2019 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== 1.
Akash Yadav, Son of Shambhu Yadav @ Shambhu Singh 2.
Ajay Kumar Son of Ram Chandra Paswan Both are Resident of Village - Devkali, P.S.- Mohania, Distt.- Kaimur at Bhabua.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Jha For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-01-2020 Heard learned counsel for the parties.
Petitioners seek bail in a case registered for the offence punishable under Sections 420/409/120(B) of the Indian Penal Code.
Allegation against the FIR named accused including the petitioners is to extract money from overloaded trucks on the pretext of managing the administration as well as aid and facilitate such vehicles to cross the State border resulting in loss of State revenue.
It has been submitted on behalf of the petitioners that they are innocent and have falsely been implicated in this case.
Patna High Court CR. MISC. No.82360 of 2019(2) dt.14-01-2020 2/3 It has further been submitted that petitioners were taking lunch nearby the place of occurrence and the police arrested them only on suspicion. Petitioners are in custody since 31.10.2019. Similarly placed co-accused Harimohan Yadav has already been granted bail by a co-ordinate Bench of this Court vide order dated 06.12.2019 passed in Cr. Misc. No.80288 of 2019. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kudra P.S. Case No. 336/2019 with following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the court below.
(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of
Patna High Court CR. MISC. No.82360 of 2019(2) dt.14-01-2020 3/3 bail of the petitioners.
(S. Kumar, J) Sanjay/- U T